Moore Mill & Lumber Co. v. Foster

These are two appeals by the defendant, consolidated through stipulation of the parties, from two judgments rendered by the circuit court in favor of the plaintiff in condemnation actions. The actions were instituted pursuant to ORS 376.505 through 376.540, and the only difference between them is the identity of the real property they affect. Each of the two challenged judgments appropriated to the plaintiff an easement, 80 feet wide, over land owned by the defendant, for the right of way for a logging road which the plaintiff wishes to construct. The two roads, if built, will start at the…